PER SHRI. S.S. PATIL - HON’BLE MEMBER :
1) This is the complaint regarding the defective laptop sold by the Opposite Party to the Complainant and for adopting unfair trade practice.
2) The facts of this case as stated by the Complainant are that she had purchased a laptop of Dell Inspiron DBK8QQ1 from the Opposite Party on 26/09/2011 for Rs.32,500/-. The Complainant produced a delivery challan no.1741 dtd.26/09/2011 containing one year warranty given by the Opposite Party.
3) The Complainant has further stated that she found the laptop defective. Therefore, she approached Dell India Service Centre as the laptop is of Dell. In Dell India Service Centre, she came to know that the laptop was purchased from U.S.A. The warranty is not valid in India. Dell India Service Centre refused to attend the laptop and correct the defect.
4) Thereafter, the Complainant asked the Opposite Party to return the amount paid by her for the laptop and take back the same. The Complainant visited the Opposite Party more than 7 times. She faced the rude behavior at each time.
5) The Complainant has finally prayed that the Opposite Party be held liable for deficiency in service and for unfair trade practices. It is also prayed that the Opposite Party be directed to pay Rs.32,500/- to the Complainant for defective laptop. Further it is prayed that the Opposite Party be directed to pay Rs.30,000/- as a compensation for mental agony and cost of Rs.2,700/- towards legal expenses.
6) The Complainant has attached her affidavit to this complaint, Delivery challan for laptop, Report of Dell, Letter of the Complainant dtd.25/10/2011, Letter of the Complainant dtd.17/11/2011, Letter of Mumbai Grahak Panchayat, Letter from Sharp Computer Solution filed on 14/08/2012.
7) The complaint was admitted and notice of this complaint was duly served on the Opposite Party. Despite of service of notice, the Opposite Party did not appear before this Forum. Hence, an ex-parte order was passed against the Opposite Party vide Roznama dtd.25/04/2012. Thereafter, the Complainant filed affidavit of evidence alongwith documents wherein she reiterated the prayer and facts mentioned in the complaint. The Complainant also filed written argument and a document issued by one computer repairing firm viz; Sharp Computer Solution. The Complainant has reiterated the facts & prayers mentioned in her complaint.
8) We heard the Complainant in person. There is an ex-parte order against the Opposite Party. We perused the papers submitted by the Complainant and our findings are as follows.
9) The Complainant has purchased a laptop of Rs.32,500/- from the Opposite Party on 26/09/2011. Immediately after purchase, the Complainant found it defective. This can be seen from the letter of the Complainant addressed to the Opposite Party immediately on 25/10/2011 and 17/11/2011, but Opposite Party did not heed to these letters. The Complainant has also produced a document from Sharp Computer Solution which is a computer repairing proprietary firm. It is mentioned in this document as follows –
Dell Lap top - “Model No.DBK8001
Restart & Mother Board Problem”.
During the oral argument the Complainant has argued that she has shown the defective laptop to the said Sharp Computer firm and they have opined that there is a problem of restart and in mother board. The Complainant has produced a document from ESSKAY COMPUTER SERVICE CENTRE stating the defect as follows –
“System re-starting automatically after shutting down
Battery is heating after recharge
Mother Board issue.”
10) From the above documents it is clear that laptop was purchased on 26/09/2011 and immediately the Complainant found it defective. She has approached the Dell Service Centre which is a service centre of the manufacturer of the said laptop as per the Complainant. The Complainant has also argued that as per the instructions of the Opposite Party only she approached the Dell Service Centre. The Dell Service Centre on its papers has specifically stated that “This laptop warranty is not valid in India.” Thereafter it is clear that the Opposite Party sold the above laptop as new to the Complainant with its own warranty which is not valid. Thus, Opposite Party has sold the laptop to the Complainant without valid warranty and when it became defective immediately after the purchase the service centre refused to repair and it even refused to attend the defect. Therefore, it is clear that the Opposite Party has sold a defective laptop Dell Ispiron DBK8QQ1 to the Complainant without valid warranty. Not only that by doing so, the Opposite Party has adopted unfair trade practice by giving invalid warranty.
11) The Complainant as well as Mumbai Grahak Panchayat also brought to the notice of the Opposite Party the above facts vide their correspondence dd.25/10/2011, 17/11/20111 and 07/12/2011 respectively but the Opposite Party did not respond to these representations of the Complainant and Mumbai Grahak Panchayat.
12) Therefore, it is established that the Opposite Party has sold a defective laptop to the Complainant worth Rs.32,500/-. This laptop has not been repaired by the Opposite Party. Even it has not been attended by them. During the argument the Complainant has stated that the laptop is with her in a defective state since its purchase. Therefore, under such circumstances, the Opposite Party should refund the entire cost of the laptop to the Complainant and the Complainant should return the defective laptop to the Opposite Party. The Opposite Party should accept the said laptop. It appears from the complaint that because of the purchase of defective laptop, the Complainant suffered mental agony, loss of her studies and time. Therefore, she is entitled for the compensation for mental agony and the cost of this complaint.
13) In view of the above observations we pass the following order –
O R D E R
i.Complaint No.21/2012 is partly allowed.
ii.The Opposite Party is directed to refund Rs.32,500/-(Rs.Thirty Two Thousand Five Hundred Only) to the Complainant alongwith interest @ 9% p.a. from 26/09/2011 till its payment and the Complainant shall return the defective Dell Inspiron N series laptop 4110/- to the Opposite Party.
iii.The Opposite Party is also directed to pay Rs.10,000/- (Rs. Ten Thousand Only) to the Complainant for mental agony caused to the Complainant due to the unfair trade practice adopted by the Opposite Party and selling a defective laptop.
iv.The Opposite Party is also directed to pay Rs.2,700/- (Rs. Two Thousand Seven Hundred Only) to the Complainant as cost of this complaint.
v.Opposite Party is directed to comply with the above said order within 30 days from the receipt of this order.
vi.Certified copies of this order be furnished to the parties.
